State v. Underwood
Supreme Court of Alabama
The defendant was indicted at the Fall term of the Circuit Court of Shelby, holden in 1837. The indictment contains two counts, the first charges an assault and battery, with the intent to commit murder; the second, a simple assault and battery. At the Spring term holden in 1838, the defendant came into Court and pleaded to the indictment: First, not guilty. ' Second, not guilty within six months next before the prosecution against him.
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The defendant was indicted at the Fall term of the Circuit Court of Shelby, holden in 1837. The indictment contains two counts, the first charges an assault and battery, with the intent to commit murder; the second, a simple assault and battery. At the Spring term holden in 1838, the defendant came into Court and pleaded to the indictment: First, not guilty. ' Second, not guilty within six months next before the prosecution against him. Issue was taken upon the first, and “there was a demurrer to thesecond plea; which, upon argument was sustained so far as the plea seeks to bar a recovery…
1Opinion of the CourtCollier, C. J.
— Courts have frequently amended verdicts which are defective,*so as to make them conform to the real intentions of the jury. Such amendments are regarded as the mere exercise of discretion, when kept within proper limits ; and consequently, the refusal to amend is not revisable on error. The application to the Circuit Court was not strictly a motion to amend a verdict; but a motion to substitute the written verdict which the jury returned into Court, for that which had been entered, as the warrant for the judgment/ We cannot conceive how the Court could, with propriety, have granted such a…
2Cited by20 opinions
- Edwards v. StateSupreme Court of Alabama · 1920
- People v. FarrellMichigan Supreme Court · 1906
- Sanders v. StateAlabama Court of Appeals · 1923
- Gary v. WoodhamSupreme Court of Alabama · 1893
- Oden v. StateAlabama Court of Appeals · 1961
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